Soban Singh vs Tehsildar, Sitarganj, U.S. Nagar and another

Sudhanshu Dhulia, J.—Heard Mr. T.K. Nailwal, Advocate for the petitioner, Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand and Mr. Deepak Bisht, Advocate for "Uttarakhand Rajya Sahkari Bank Ltd."/respondent no. 2.

The petitioner has filed this writ petition challenging the recovery citation dated 29.11.2011, which has been issued against him. The petitioner has taken a loan from "Uttarakhand Rajya Sahkari Bank Ltd., Branch Khatima, District Udham Singh Nagar. Admittedly, the total dues against the petitioner is to the tune of Rs. 1,23,348 (One lakh twenty three thousand three hundred forty eight).

Counsel for the respondent bank is also present in the Court and states that it is agreeable to him, if the petitioner pays the entire loan by way of installments. In view of this the following orders are being passed, with the consent of both the parties:

In case, the petitioner deposits a sum of Rs. 23,000/- (Twenty three thousand) on or before 16.1.2012, then the remaining amount of loan shall be paid by the petitioner by way of four three-monthly installments within one year along with interest i.e. the first installment shall be paid by the petitioner on 16.4.2012, second installment shall be paid on or before 16.7.2012, third installment shall be paid on or before 16.10.2012 and the last installment shall paid by the petitioner which shall include interest accrues thereon on or before 16.1.2013. In case, the petitioner commits even one single default in payment of installments, the respondents shall be at liberty to initiate recovery proceeding afresh.

With the aforesaid directions, writ petition is disposed of.

No order as to costs.